THELASTHOPE: November 2017

Wednesday, November 29, 2017

On Parliamentary Sectoral Committee Recommendations (In Sinhala):SRI LANKA

FOR IMMEDIATE RELEASE

AHRC-ANM-053-2017

29 November 2017

An Announcement by the Asian Human Rights Commission

In this video commentary, Mr Basil Fernando of the Asian Human Rights

Commission comments on the recommendations of the Sectoral Oversight

Committee on Legal Affairs, on the expeditious and efficient

administration of criminal justice. This Committee made a report on

the above topic on the 20th September 2017.

In that Report while the Committee admitted that unacceptable and

shameful delays have been taking place in the adjudication of cases in

Sri Lanka, it specifically commented on criminal cases that usually

takes about 17 years to complete. The Committee noted that there is

public anger against these shameful delays and measures must be

immediately taken to remedy this situation. The Committee recommended

day-to-day hearing of criminal trials at the High Courts and that in

some cases the trial-at-bar should be introduced where three judges

will be hearing a case from the beginning to the end. The Committee

recommended that the trial-at-bar should be introduced to all cases

relating to serious corruption.

In this commentary the AHRC reviews the Committee recommendation which

had been made two months earlier with the view for implementation

within 06 months and questions as to the measures that should have

already been made if the recommendations are to be implemented in the

manner recommended by the Committee.

# # #

The Asian Human Rights Commission (AHRC) works towards the radical

rethinking and fundamental redesigning of justice institutions in

order to protect and promote human rights in Asia. Established in

1984, the Hong Kong based organisation is a Laureate of the Right

Livelihood Award, 2014.

Read this Announcement online

<http://www.humanrights.asia/news/ahrc-news/AHRC-ANM-053-2017>

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China: Taiwan Activist Jailed for Social Media Posts

FOR IMMEDIATE RELEASE

China: Taiwan Activist Jailed for Social Media Posts

Washington - November 28, 2017 — In response to a Chinese court sentencing a visiting Taiwan democracy activist, Lee Ming-che, to five years imprisonment for discussing democracy on social media, Freedom House issued the following statement:

The court conviction and imprisonment of Lee Ming-che for his social media posts is an attempt by China to silence advocates for democracy throughout the region, extending even to activists' private conversations with friends," said Michael J. Abramowitz, president of Freedom House. "His being found guilty of 'subverting state power' is a rejection of the most fundamental democratic values."

China is rated Not Free in Freedom in the World 2017, Not Free in Freedom of the Press 2017, and Not Free inFreedom on the Net 2017.

Freedom House is an independent watchdog organization that supports democratic change, monitors the status of freedom around the world, and advocates for democracy and human rights.

Join us on Facebook and Twitter (freedomhousedc). Stay up to date with Freedom House’s latest news and events by signing up for our newsletter.

SRI LANKA: “Police Fails to Conduct An Impartial Inquiry Into the Accident that Killed A Doctor”, Lawyer Tells The Court

FOR IMMEDIATE RELEASE

AHRC-STM-144-2017

29 November 2017

A Statement by the Asian Human Rights Commission

SRI LANKA: “Police Fails to Conduct An Impartial Inquiry Into the

Accident that Killed A Doctor”, Lawyer Tells The Court

The Specialist Doctor Wasantha Pushpakumara Herath died as a result of
a fatal accident on the 22nd of September 2017. His car was being
driven from Kandy to Colombo on the Kandy Road. A lorry which had
tried to overtake another vehicle at a very high speed collided with
the vehicle driven by Dr. Herath and he died as a result of this
accident.

A lawyer appearing for Dr Herath’s family complained to the Gampaha
Magistrate the Weeragala Police which had investigated into the
accident has not reported the actual circumstances of the accident and
as a result despite of this being a fatal accident, the suspect has
been released on bail. The lawyer complained that the CCTV cameras of
a nearby hotel has clearly recorded the incident and it could be
clearly seen that the lorry driver has tried to illegally overtake
another vehicle at high speed and in the course of it the lorry has
collided with the car resulting in the death of the doctor. The
lawyer’s complaint was that the police are not acting impartially in
the conduct of the inquiry and is ignoring the most obvious evidence.
The Magistrate after listening to submissions on both sides ordered
the Weeragala police to conduct their inquiry impartially and to
submit their reports to the Court on the basis of actually available
facts.

The widow of the Doctor as well as the lady lawyer who represented
aggrieved party in this case are now afraid of possible retaliation by
the police due to their intervention on behalf of the deceased doctor
in Court. The widow of the doctor has already complained to the lawyer
that she had been threatened by the officer in charge of the Weeragala
Police Station. The lady lawyer also felt that there could be possible
retaliations and stated to the AHRC that she intends to complain to
the Bar Association, the Inspector General of Police and other
authorities.

The threats faced by lawyers who appear against the police in criminal
cases are not infrequent in Sri Lanka. The AHRC has learnt that many
lawyers would not even appear against the police or make any adverse
comments of the manner in which the police conduct inquiries, as they
wish to avoid reprisals for making such appearances. It is only a few
lawyers that openly appears against the police and makes submissions
before courts on the basis of their instructions on the failures of
the police to conduct proper inquiries.

The Sectoral Oversight Committee on Legal Affairs made several
recommendations recently with a view to improve the administration of
justice relating to criminal cases. In finding ways to improve the
criminal justice In Sri Lanka, it is also essential to address the
issue of intimidation faced by the witnesses and the lawyers who
appear on behalf of aggrieved parties and particularly the situation
of lawyers wo have to make representations on the defects of the
investigations conducted by the police. Any serious inquiry can be
subverted due to various reasons of which the most prominent reason is
that of corruption. Under these circumstances the serious note should
be taken on this issue so as to enable the surviving victims and the
lawyers to play their role at the court hearings.

# # #

The Asian Human Rights Commission (AHRC) works towards the radical

rethinking and fundamental redesigning of justice institutions in

order to protect and promote human rights in Asia. Established in

1984, the Hong Kong based organisation is a Laureate of the Right

Livelihood Award, 2014.

Read this Statement online

<http://www.humanrights.asia/news/ahrc-news/AHRC-STM-144-2017>

Tuesday, November 28, 2017

MEDIA RELEASE: Senior Pakistani journalist attacked in broad daylight

MEDIA RELEASE: PAKISTAN
Download press release as PDF HERE

October 30, 2017

Senior Pakistani journalist attacked in broad daylight

The International Federation of Journalists (IFJ) condemns the attack on journalist Ahmed Noorani at Khayaban-e-Suharwardi of Islamabad, the capital of Pakistan, on Friday, October 27. The IFJ demands immediate arrest and prosecution of the attackers.

Noorani, a senior reporter at the investigation cell of The News daily, sustained serious head injuries when he was dragged out of his car by unknown attackers and hit with iron rods and clubs on a busy street. According to The News, six attackers on three motorcycles intercepted Noorani’s car on a busy road, and dragged him. His driver Mumtaz was injured while trying to prevent an attacker from hitting the journalist with a knife. Noorani and his driver were taken to the Pakistan Institute of Medical Sciences’ hospital, where he is steadily recovering at the Intensive Care Unit (ICU).

Pakistani Prime Minister Shahid Khaqan Abbasi ordered a probe committee, which will submit its detailed report of the incident within three days. The motive of the attack remains unknown and no one has claimed responsibility for the attack. The police has registered a First Information Report (FIR) and is investigating the case.

The News reported that earlier this year some unknown men showed up at Noorani’s residence at midnight and tried to drag him out the house. Noorani, who is considered an outspoken critic of security agency and political parties, was known to have received threats and had deactivated his Twitter account a few days ago.

The Pakistan Federal Union of Journalists and other journalist unions have strongly condemned the attack and held demonstrations around the country demanding arrest of the attackers.

The IFJ said: "The IFJ condemns the attack on senior journalist Ahmed Noorani. The attack on a journalist in broad daylight on a busy street of Pakistan’s capital is a testament of the risk that journalists face. The IFJ demands the earlier arrest of the attackers and assurance of safety of journalists in Pakistan, which remains one of the most dangerous countries to be a journalist, with 94 journalists killed since 2007.”

For further information contact IFJ Asia-Pacific on +61 2 9333 0950
The IFJ represents more than 600,000 journalists in 131 countries

Follow the IFJ Asia Pacific:

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Website

MEDIA RELEASE: WhatsApp and Telegram blocked in Afghanistan

MEDIA RELEASE: AFGHANISTAN
Download press release as PDF HERE

View this email in your browser

November 06, 2017

WhatsApp and Telegram blocked in Afghanistan

The International Federation of Journalists (IFJ) joins its affiliate the Afghan Independent Journalists Association (AIJA) in expressing serious concern over the blocking of two internet-based messaging services in Afghanistan. The IFJ urges the Afghan government to withdraw the ban and ensure that the internet-based services remain open to Afghan citizens in order to allow the free flow of information.

The Afghanistan Telecommunications Regulatory Authority (ATRA) directed the Internet Service Providers (ISPs) and telecommunication service providers to block Telegram and WhatsApp in Afghanistan reportedly for “security reasons”. The letter by ATRA, dated November 1 and signed by an official of the regulator, directed the blocking of the two services “without delay” for a period of 20 days. Both WhatsApp and Telegram provides encrypted messaging facility.

The AIJA expressed serious concern over the ban and informed the ATRA management about the concerns of the journalist community. Rahimullah Samandar Khan, AIJA President, said: “The AIJA will take a stand against these government orders. Media and Afghan people will be affected by this ban and we think this is direct censorship.”

The IFJ said: "The IFJ is concerned by the ban on WhatsApp and Telegram in Afghanistan as it puts the country among those nations which arbitrarily shut down the internet, thereby disrupting the free flow of information. Shutting down internet does not ensure security, and only promotes rumour mongering. The IFJ urges the Afghan authorities to immediately withdraw the orders.”

The IFJ ran a campaign against internet shutdowns urging governments not to shutdown the internet. Find more about the #JournosAgainstShutdown campaign here.